Colaluca v. Monarch Life Insurance Company

Tbis is an action of assumpsit arising out of a disputed claim to monthly indemnity benefits provided for in a policy of health and accident insurance. It was tried to- a superior court justice sitting with a jury and resulted in a verdict for the defendant. The case is before us on the defendant’s appeal from the judgment of the trial justice granting the plaintiff’s motion for a new -trial.

The record establishes that plaintiff was accepted as an assured on April 4, 1960 and sustained injuries in an automobile accident on December 4, 1960. Under the terms of -the policy plaintiff would be…